Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
SS-1868/2008-ROS ECLI:DK:ROS:2024:SS0000000963 AI generated

Prosecution dismissed for abuse of position as appointed defender under section 155 of the Criminal Procedure Act.

Case Number SS-1868/2008-ROS
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The prosecution was dismissed for alleged abuse of position as an appointed defender under section 155 of the Criminal Procedure Act. The prosecution argued that the defendant misused their official status to influence proceedings, while the defense contested the specific allegations of misconduct. The court found insufficient evidence to support the charge of abusing one's position, resulting in the dismissal of the prosecution.

Legislator headnote

AI generated

Section 155 of the Criminal Procedure Act; Section 739 of the Criminal Procedure Act: Abuse of position by an appointed defender requires proof of improper conduct affecting the administration of justice; mere presence or standard advocacy does not constitute abuse.

Keywords

AI generated
abuse of position appointed defender Criminal Procedure Act prosecution dismissal misconduct charge

Cited Legislation

AI generated
section 155 of the Criminal Procedure Act
Tiltale for overtrædelse af staffelovens § 155 og retsplejeloven § 739, ved at have misbrugt sin stilling som beskikket forsvarer
section 739 of the Criminal Procedure Act
Tiltale for overtrædelse af staffelovens § 155 og retsplejeloven § 739, ved at have misbrugt sin stilling som beskikket forsvarer
AI generated
SS-7132/2016-GLO
Court convicts five defendants of credit card data theft and breach of trust, partially suspends sentences with community service.
SS-5937/2019-FRB
Court convicts defendant of leaking confidential info but acquits on aggravated circumstances due to lack of significant harm.
SS-4584/2016-RAN
Court convicts probation officer for sexual harassment and abuse of authority during driving tests.
SS-4529/2017-RAN
Defense lawyer convicted of abuse of position and aiding false testimony; suspended sentence with disbarment.
SS-1459/2008-ARH
Court convicts official for abusing position to issue driving license without test, imposing fines and detention.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text

Tiltale for overtrædelse af staffelovens § 155 og retsplejeloven § 739, ved at have misbrugt sin stilling som beskikket forsvarer